This document provides an overview of intellectual property rights from an Indian perspective. It defines intellectual property as creations of the mind used in commerce. The main types of intellectual property rights covered are patents, trademarks, industrial designs, copyright, and geographical indications. Case studies show some examples of intellectual property infringement in India. The conclusion emphasizes that intellectual property rights reward creativity and protect innovations, outlining steps taken by the Indian government to strengthen these protections.

1. Intellectual Property
Rights
Indian Perspective
Presented by :
Anirudh Pandey
10eiecs005
VIIIth semester

2. CONTENTS
• Introduction to Intellectual Property
• What are Intellectual Property Rights?
• Patents
• Trademarks
• Industrial Designs
• Copyright and Related Laws
• Case Studies
• Facts
• Conclusion

3. Introduction to Intellectual Property
• Intellectual Property refers to creation of mind i.e. inventions,
industrial designs for article, literary & artistic work, symbols etc. used
in commerce.
• Two categories: Industrial property & Copyright.
• Industrial property: Trademarks, Patents etc.
• Copyright covers Artistic works, Literary works etc..

4. What Are Intellectual Property Rights ?
• Rights which can be used for protecting different aspects of an
inventive work for multiple protection.
• Outlined in Article 27 of the Universal Declaration of Human
Rights.
• IPR are largely territorial rights except copyright, which is global
in nature.
• IPR can be assigned, gifted, sold and licensed like any other
property.

5. Continued…….
• Intellectual property rights as a collective term includes the
following independent IP rights:
• Patents
• Copyrights
• Trademarks
• Registered ( industrial) design
• Geographical indications, and
• Protection of undisclosed information

6. Patents
• An exclusive right granted by a country to the owner of an
invention to make, use, manufacture and market the invention
• The patent right is territorial in nature.
• Patents provide incentives to individuals by recognizing their
creativity & these incentives encourage innovation.
• India is a member-state of Word Intellectual Property
Organisation (WIPO), Paris Convention, Patent Cooperation
Treaty and Budapest Treaty.

7. Patents In India
• The Patents Act, 1970 (No. 39 of 1970) as amended by the
Patents (Amendment) Act, 2005.
• Patent Offices, under the Department of Industrial Policy &
Promotion, Ministry of Commerce & Industry.
• Patent Offices are located at Kolkata, Mumbai, Chennai and
Delhi to deal with the applications for patents.
• Patent Information System (PIS) & Intellectual Property Training
Institute (IPTI) located at Nagpur.

8. Trademarks
• A distinctive sign that provides to the owner of the mark by
ensuring the exclusive right to use it to identify goods or
services.
• Well-known, Associated trademarks, Service marks,
Certification Trademarks, Collective Marks.
• Term of Registered Trademark: 10 years and Renewable.
• To register a trademark: appropriate national or regional
trademark office. WIPO administers an international registration
system for trademarks.

9. Industrial Designs
• The ornamental or aesthetic aspects of an article which may
consist of 3D or 2D features, such as shape or surface,
patterns, lines or color.
• It makes an article attractive and appealing; hence, they add to
the commercial value of a product and increase its marketability.
• Any technical features of the article not protected by it.

10. Continued…..
• Applicants can file a single international application either with
WIPO or the national or regional office of a country party to the
treaty.
• The design should be new or original, not previously published
or used in any country before Registration.
• Total term of a registered design is 10 years + 5 years Extended
Period.

11. Geographical Indication
• A sign used on goods that have a specific geographical origin
and possess qualities or a reputation due to that place of origin.
• Registration of a GI: 10 years & renewable.
• The Geographical Indication of Goods (Registration and
Protection) Act came into being in 2000.
• Imprisonment for a term between 6 months to 3 years and a fine
between 50000 rupees to 2 lakh rupees in Act.

12. Law Applicable In India
• Geographical Indication of Goods (Registration and Protection) Act 1999.

13. Copyrights
• Copyright is a legal concept, enacted by most governments,
that grants the creator of an original work exclusive rights to its
use and distribution.
• A right, which is available for creating an original literary or
dramatic or musical or artistic work.
• In India, The Copyright Act, 1957 as amended in 1983, 1984,
1992, 1994 and 1999 is available.
• Registration can be done at the Office of the Registrar of
Copyrights in New Delhi.
• Protection for the expression of an idea and not for the idea
itself.

14. Continued…..
• The owner may assign to any person the copyright.
• Giving owner, incentives in the form of recognition and fair
economic reward increases their activity.
• The work is open for public inspection once the copyright is
registered.
• A provision of ‘fair use’ in the law, which allows copyrighted work
to be used for teaching and research and development.

15. Case Studies
• Bangalore Aug 10, 2003: Banashankari police arrested three
software engineers for illegally copying software from a
company they were working for.
• Chennai, February 2000: Pirated software worth Rs.1.11 crore
(US$ 253,200) was seized by the Chennai police A total of 6
employees were arrested which included the Managing Director
of one outlet and proprietors of each of the outlets.

16. Facts
• In India, small and medium scale Industries are the ones who come
out with maximum(90%) innovations.
• B.E students who do projects in their respective discipline, can register
their projects under IPR if its really innovative.
• As soon as the duration of the protection through IPR is over, it
becomes a public domain.
• Many companies use this IPR as a weapon to compete with the other
players in the market.

17. Facts Continued…
• IPR is given to a product, only when its used for commercial purpose.
• These are some of the companies with their patents :-
• COMPANY NO. OF PATENTS
• Toyota - 99,999+
• GM - 11,000
• Honda - 97,000+
• Renault - 23,000+
• Daimler Benz - 7,000+
• Land Rover - 2,100+
• Volkswagen AG - 16,000+
• Porsche AG - 12,000+
• General Electric/GE - 25,553
• SONY - 20,873
• Ford/Ford Global - 8,888
• IBM - 99,999+

18. CONCLUSION
• Intellectual property rights reward creativity and human
endeavor, which fuel the progress of humankind.
• Understanding the country’s IP Rights and following the best
practices can drastically reduce the risk of losing the company’s
intellectual property.
• Indian government has initiated various steps towards
Intellectual Properties Rights Protection.

19. References And Bibliography
• WWW.Wikipidea.org